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._.__ . oa ... ....~. ..... -.- v-. ...~. ..rn e..r,.u.v ...\~ Wn0 .. UGil1 GK h1il,G l®Oe{ <br />~~ ~. <br />Mrs. AnR'Ianun <br />non-retreat, room-snd-pillar type extraction with a alculated coal extraction ratio of 34 portent. <br />OSM uHlis+ed the SDPS arodel only to demonstrate to you Chet even if the m6re had exdtacted a <br />much higher percentage ojcod there still would have been rro sululdence in the looa6on ojynty <br />house. OSM concluded fiat no subsidence occurred. Its conclusion was bared on this type of <br />room and pillar mMtng, which lad nolhtng ro do with the SDPS modes (emphasis added]. <br />By letters deed November 19 end 24, 1995, OSM furnished you copies of all rxords it holds that <br />were responsive to your July 20 FOIA request. In your December 18 letter you maintair>, dung <br />Mr. Sardberg, that OSM used the SDPS for investigations in the West However, our records do <br />slot indicate a,d we are trot awerc of any uee of the SDPS in the West. Mr. Sandberg bas advised <br />me that he explained to you in a telephone call during the wedr of December 14 that he was not <br />aware of any use of the SDPS in the Weal In a December 16, 1998, letter to Randy Pau you <br />note that a Michael Rosenthal o-tnsil nuesage, a copy ofwhich Mr. Pair had sem you, raentioas <br />his (Mr. Rosenthal's) uac of the SDPS is a Colorado investigation. Please be advised that Mr. <br />Rosentlat's message atetea tbat he only wnsidered using the SDPS but did not actua!!y use it in <br />this imeraigation. Your December 161etter to Mr. Pair asks for "aU tnateria! generated from the <br />SDPS progam wherein same was applied to the Colorado wins refaeaeed in Roseathal's 8125/98 <br />memo to (James] Fulenn." As implied above, ao such material e~dsta. <br />Finally, your December 181etter to Mr. 5abd and rao does request additional documents under <br />the FOIA. Your Dtcat~ber 18 letter asks for doatments relating to (1) the testimony of Mr. <br />Rosenthal in the Colontdo tivi! action Tatum y. Wyoming Fuels and BuinReeourca and (2) the <br />testimony of OSM employees in dvd litigation in general. Because both those eategoties of <br />records arc public, you do not rteed to imroke the FOIA to request them. I am famishing you <br />cogics of both as cnclowrea to this letter, ahhough I would b7ce to point out that we have dready <br />described to you the basis for Mr. Rosenthal's testimony in Mr. Seibel's August 31, 1995, <br />response to your August 10, 1995, writtea request that we do so. Also in your December 18 <br />letter under the FOIA you ask for documents in the possession of the Solicitor's Office end the <br />Department regarding testimony of OSM Departmental employees in Civil litigation. We are <br />forwarding your request to these amities for their review end direct response to you. <br />Respectfully yours, <br />~~ ~` <br />Kathy Karpan <br />D'uector <br />Endosurea <br />